THE ATLANTA BAR Association maintains a formal program, "Take an Adversary to Lunch," complete with rules and prizes, to encourage social interaction between opposing counsel and to promote civility and professionalism among Bar members. I am not suggesting that we need such a program in New Hampshire, but the concept is intriguing. Anything we can do to increase positive interaction with our peers is bound to benefit lawyers and ultimately clients.

In recent years, much has been written on civility and professionalism in the practice of law. We have all been bombarded by articles on professionalism lamenting deteriorating relationships among attorneys, a lack of camaraderie, the use of "Rambo" techniques in litigation, adversely changing economics in the practice of law, and other negative developments, which are usually blamed on an increasing attorney population. Writings and discussions regarding professionalism and civility tend to be negative and focused on "how it used to be." It is unfortunate that these topics tend to be addressed from the perspective that something is always broken. I believe, in terms of professionalism and civility, our profession is not "broken," but that professionalism and civility do need to be continually fostered through socialization and interaction with our peers.

Justice Sandra Day O’Connor, in a speech at the Washington University Law School, addressed the obligations of attorneys to professionalism, legal institutions and the public. She made the following observation:

"Personal relationships lie at the heart of the work that lawyers do. Even in the face of the vast technological advances of the information age, the human dimension remains constant, and these professional obligations will endure."

She also noted:

"...When the lawyers themselves generate conflict, rather than focusing on the dispute between the parties they represent, it distorts our adversarial system. More civility and greater professionalism can only enhance the pleasure lawyers find in practice, increase the effectiveness of our system of justice, and improve the public’s perception of lawyers."

We are all responsible for fostering a collegial atmosphere that improves the justice system for both clients and lawyers. At a minimum, we must be held accountable if we do not take action to defuse contentious situations. We must strive to create an environment that makes it easier for counsel to work together in ways that are economical and productive for the clients, and more pleasurable for us lawyers. Any activity that increases social contact is likely to increase our collegiality, our respect for one another and our ability to better serve our clients in a cost-effective manner. So take advantage of an opportunity to take opposing counsel to lunch, for a coffee, or to just chat for 10 minutes following a hearing. Taking the time to develop such interpersonal connections is beneficial to each of us professionally and to our ability to serve clients.

The real trick comes in finding such opportunities to socialize and interact with each other. A great example of "Coos County ingenuity" recently took place in Belknap County. Phil Waystack, Clare Hinkley and other members of the Waystack & King firm represented a group of plaintiffs in a jury trial in Belknap County that lasted nearly seven weeks. The Waystack crew took residence in a condominium near Laconia. (It’s hard to imagine they would not want to drive to Colebrook each night!) They were opposed by a multitude of lawyers from New Hampshire and around the nation, and the issues of the cases were hotly contested. In the middle of the trial, the Waystack crew invited all defense counsel to their condominium for a gourmet dinner cooked entirely by plaintiffs’ counsel. Most of the defense counsel accepted, and Chef Waystack’s salmon cooked in lime must have been a huge success. The next day, counsel were back in the courtroom, again advocating for their clients, but Phil Waystack reports that there was a palpable change in demeanor between counsel and the manner in which they interfaced through the remainder of the trial.

The "Waystack dinner" is a great example of the benefit of bringing lawyers together to promote a relationship that is not based solely on the adversarial proceeding. We should all look for such opportunities, as we are limited only by our own ingenuity.

We are fortunate to practice in a state where there are so many active county and local bar organizations. They give each of us opportunities, which we should not squander, to socially interact with our peers, to meet new members of the Bar, and to put faces to the names before we face off in court. Our local bar leaders should be thanked by each of us for their hard work in creating these social opportunities. We are also fortunate in New Hampshire that our judiciary is so accessible and willing to participate in local bar meetings. For the many people attending the joint Manchester/Nashua Bar meeting on April 15, 2003, this could not have been more apparent. I think the meeting may have set a record for the number of judiciary members present. (See article on that event on page 3.)

Finally, the New Hampshire Bar Annual Meeting, scheduled for June 26 through June 29, 2003, will be a wonderful time to meet and to exchange ideas with peers in a social setting.

Whatever means – be it a lunch, a 10-minute conversation, attendance at Bar meetings, or participation in professional committees with one’s peers – the time spent in social and non-adversarial settings pays great rewards to each of us in our professional satisfaction and in our ability to serve our clients. It’s worth the effort, and we all need to work at it.

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